Disposed

Dayal Sharan Singh and 3 Ors. v. State of U.P. and Another

Allahabad HC8 Feb 2019A482/3530/2019

Case brief

AI extract

What is this about?

This short order grants the accused a final one-week deadline to record statements under Section 313 Cr.P.C. due to severe trial delays spanning nearly 17 years and recent witness re-examination, directing the trial court to conclude the case by March 31, 2019.

What did the court decide?

One-week extension granted for recording Section 313 Cr.P.C. statements on February 20-21, 2019; case to be concluded by March 31, 2019.

Dayal Sharan Singh and 3 Ors. Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 67

¶2

Case :- APPLICATION U/S 482 No. - 3530 of 2019

¶3

Applicant :- Dayal Sharan Singh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard learned counsel for the applicants, learned AGA and perused the record.

¶6

By means of the present application u/s 482 Cr.P.C., the applicants have challenged the order dated 01.01.2019 passed by Vth Additional Sessions Judge, Fatehpur in S.T. No. 768/2002 (State Vs. Israil and others) u/s 147, 148, 149, 302, 201 IPC, arising out of case crime no. 63/1996, P.S. Khkhreru, District Fatehpur, pending in the court of Vth Additional Sessions Judge, Fatehpur.

¶7

Submission made by the counsel for the applicants that PW-1 Naseem was again cross-examined on 29.05.018 and it is incumbent in law to provide an opportunity to the accused persons to exercise their right provided to them u/s 313 Cr.P.C., but, the learned trial court has taken away their valuable right in the garb of trial is too old and has passed the order dated 01.01.2019 rejecting their application 944-b dated 26.11.2018.

¶8

Section 313 Cr.P.C. provides a right to the accused persons to personally explain the circumstances appearing againt him. Submitted by the learned counsel that PW-1 was re-examined on 29.05.2018. Now it is all the more reason, to give an opportunity to explain the circumstances u/s 313 Cr.P.C.

¶9

During the argument learned counsel for the applicant has filed supplementary affidavit annexing the order of this court dated 22.01.2018 by which this Court has expected that trial may be concluded by 31.03.2019.

¶10

Admittedly the trial is pending since 2002 and almost 17 years has been lapsed.

¶11

Under the circumstances, in the interest of justice, a last opportunity is awarded to accused persons who will appear before the court on 20.02.2019 and 21.02.2019 and get their statements u/s 313 Cr.P.C. recorded.

¶12

It is made clear that under no circumstances this time would be extended.

¶13

It is expected from the learned trial court that since the trial is of 2002 they would proceed with the case on day to day basis and would try to conclude the same by 31.03.2019 as requested earlier.

¶14

With this observations, the present application u/s 482 Cr.P.C stands disposed of.

¶15

Order Date :- 8.2.2019/Nisha

Dayal Sharan Singh and 3 Ors. v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dayal Sharan Singh and 3 Ors. v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hanuman Chaubey and Another Vs State of U.P. and Another

Gajendra Singh Vs State of U.P. and Another

Neeraj Kumar Yadav Vs State of Up and Another

Raj Kumar and 4 Ors. Vs State of U.P. and Another

Radha Shukla Vs State of U.P. and 5 Others

Smt.Sushma and 2 Ors. Vs State of U.P. and Another